ASHOK Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Seldom could have anybody imagined that a Bitter Gourd (Karela in Hindi and Karla in Marathi), known for it's medicinal value and health benefits, could have led to the death of a person and conviction of an accused for having caused such a death, to suffer a sentence of imprisonment for life. Bitter Gourd is considered to be a gift of God to humanity in view of its medicinal properties as it is a rich source of vitamins and minerals. It contains iron, magnesium, potassium and vitamins like A and C. It contains twice the calcium of spinach and beta-carotene of broccoli. Various anti-oxidants and anti-inflammatory compounds are present in bitter gourd. This gift of nature protects humans and especially the liver, spleen, pancreas, etc. and is believed to be instrumental in reducing bad cholesterol, in harmonizing blood pressure and gifting a human with good health. The flash point in this case was that the Karela creeper planted by Kesharbai (mother of the appellant/accused) between the two neighbouring plots, was uprooted by neighbour Devidas (the deceased), which began a bitter quarrel between the two families.

(2.) The appellant/ accused Ashok Chindha Birhade is before us on account of having suffered conviction for an offence punishable under Section 302 of the Indian Penal Code and has been sentenced to suffer life imprisonment, vide the impugned judgment and order dated 10.09.2015 delivered by the learned Additional Sessions Judge, Amalner in Sessions Case No. 61 of 2012. This case rests on the testimonies of three eyewitnesses.

(3.) We have heard the extensive submissions of Shri Jadhav, learned Advocate on behalf of the appellant and of the learned APP on behalf of the respondent/State. With their assistance, we have gone through the appeal paper book and the record and proceedings, threadbare. Wherever we noticed a discrepancy in the recording of testimonies in English, we have referred to the Marathi version available in the record and proceedings. We need to clarify that we have frequently referred to the Marathi recording of depositions of witnesses because in the case in hand, we peculiarly find several discrepancies in the English version when compared with the actual recording of testimonies in vernacular.